I. SUMMARY The work under this contract will be performed at the facility located at Commonwealth of Pennsylvania, Department of Transportation, 81 Lab Lane (mailing address) and 82 Dogwood Avenue (delivery address), Harrisburg, PA 17110. The work to be completed under this contract is primarily preventative and/or corrective building maintenance as described in the Specifications. following term shall have the following meaning: a. Preventative Maintenance shall mean the routine, customary or regular course of procedure related to the care or upkeep of an existing Department facility or building, which may also include inspection services provided as part of a preventative maintenance program. Preventive building maintenance is conducted to keep equipment working and/or extend the life of the equipment. b. Corrective Maintenance shall mean the maintenance which is required when an item has failed or worn out, to bring it back to working order, which may also include those services necessary to partially restore, renew or strengthen an existing Department facility or building, following damage caused by use or normal wear and tear. Additional work to be completed under this contract, except for preventative and/or corrective building maintenance, shall meet the needs of the Department, as they arise, and not be part of a planned project requiring a design or inspection component related to new construction or renovation. following terms shall have the following meanings: a. Modifications shall mean those changes, alterations or extensions to existing Department facilities or building that neither exceeds estimated available funding under the purchase order to be issued to the selected vendor nor rise to the level of new construction or construction related modifications to be completed under the Facilities Management Division. The contractor is expected to provide/supply all labor, tools, equipment, and vehicles to perform all duties, related duties, and responsibilities associated with performing preventative and/or corrective building maintenance of the facilities systems in this contract. following terms shall have the following meanings: a. Building shall include all roofing, painting, flooring (VCT, carpet, base, etc.) masonry, carpentry (caulking, insulation, doors, drywall, metal studs, exterior building repairs, acoustical treatment, flag pole, toilet room accessories and partitions, folding partitions, excavation and or/other related building systems installed in Department facilities. Material and workmanship shall be guaranteed for a period of one (1) year or the remaining term of the original manufacturer warranty, whichever is greater. Contractor shall be responsible for making adjustments during this period of time due to any defective material and/or workmanship. Page 1
All labor and materials used at the facility will be documented in a log. This log will be signed by the contractor s representative and by the Building Maintenance Foreman or his/her designee following completion of work assignment. This log shall serve as a basis for payment. The contractor is to provide the logs (invoice) of material used to the Department. II. BIDS AND AWARDS Contractors bidding on this contract must have a minimum of five (5) years experience in Building Maintenance and must have a branch office within 1.5 hours of the facility. 1. SUBMIT WITH BID: Contractors must submit, along with their bid, a resume outlining the Building Contracting Maintenance experience over the past five (5) years. The resume shall not exceed three (3) pages. If the resume is not submitted at the time of the bid, the bid will be deemed non-responsive. The term of the contract will be for one (1) year from the Effective Date with two (2) year options to renew for a total of 5 years. The Issuing Office will fix the Effective Date after the contract has been fully executed by the Contractor and by the Commonwealth and all approvals required by Commonwealth contracting procedures have been obtained. The Contractor shall not start the performance of any work prior to the Effective Date of the contract and the Commonwealth shall not be liable to pay the Contractor for any service or work performed or expenses incurred before the Effective Date of the contract. 1. The Commonwealth reserves the right, upon notice to the Contractor, to extend the term of the Contract for up to three (3) months upon the same terms and conditions. This will be utilized to prevent a lapse in Contract coverage and only for the time necessary, up to three (3) months, to enter into a new contract. The hourly rate for normal working hours and premium working hours shall not include travel. The hourly rate for normal working hours and premium working hours shall include, labor, equipment, overhead, profit, and all parts associated with performing preventative and/or corrective maintenance is for normal and premium working hours. The bid will result in a contract in the form of a Fully Executed Purchase Order (PO). The quantities furnished by the Department on the bid are an estimate only for one (1) year of service. The Department does not assume any responsibility that the quantities shall materialize. Nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities. 1. Additionally, in the event any given line item on the Fully Executed PO requires an increase in quantity, the Contractor shall not proceed with any work until the Department has provided an updated PO reflecting the increased quantity. a. The PO will reflect an estimated materials allowance estimated. The Contractor shall not make any single item or combined items material purchase over $300.00 without the approval of the Building Maintenance Foreman or his/her designee. The cost of materials, parts, or repair building maintenance shall be invoiced at the Contractor s stated rate with a profit not to exceed 10%. A copy of the supplier s invoice is required for all material purchases. b. The Department reserves the right to supply parts and/or materials to be installed by the Contractor when it is deemed to be in the best interest of the Commonwealth. Page 2
III. GENERAL REQUIREMENTS All prospective bidders, before submitting a bid, must thoroughly familiarize themselves with the existing conditions at the project site(s). Should any discrepancies arise between the existing conditions and the specifications, they shall be reported to the Bid Contact prior to the Bid Submission Due Date and Time. Failure to visit the project site(s) shall be no excuse for extra compensation or project delay. Prospective bidders, prior to their visit to the site(s), will contact the Project Manager to establish an acceptable time to conduct a survey of the work to be performed. No contractor is permitted to visit and access the site without requesting and receiving approval from the District Facilities Administrator. The Building Maintenance Foreman or his/her designee may request at any time a formal estimate and/or quote detailing materials and labor for services in accordance with the Contract at no additional cost to the Department. The estimate and/or quote shall be submitted within five (5) business days of the initial request. All estimates/quotes need to reflect the current contract Purchase Order number. Minimum of 3 technicians available 24/7/365. Must provide references showing 5 year experience servicing and maintaining commercial building maintenance. A safety program that includes NFPA 70E requirements, PPE, and all required OSHA programs in place. No OSHA citations within the last 3 years. Technicians must be 10 hour OSHA trained. Supply inspection record for vehicles, equipment, tools and PPE. IV. DEPARTMENT CONTACTS Bid Contact - All bid questions and bid submissions should be directed to: Mary Beth Knepp, Purchasing Agent (717) 705-1378 or maryknepp@pa.gov Project Contacts All questions related to the facility and/or project specifications to: Leonard Else, Building Maintenance Foreman (717) 787-3968 or lelse@pa.gov V. WORKING HOURS AND CALL-OUT PROCEDURE Normal Working Hours shall be Monday through Friday, 6:00 am to 6:00 pm, Eastern Standard Time. Premium Working Hours shall be Monday through Friday, 6:00 pm to 6:00 am, Eastern Standard Time, and Saturday, Sunday, and National Holidays. Normal Call-Out Procedure shall occur when the contractor receives a call or written authorization to do Page 3
work by the Building Maintenance Foreman. Upon receipt of call-out request, contractor must be on site ready to commence work within two (2) hours, unless otherwise specified. The Contractor will not be paid for travel time. 1. Only the Building Maintenance Foreman or his/her designee is authorized to call for service. The Building Maintenance Foreman or his/her designee must provide his/her name/title/phone # when placing the call for service. This information must appear on the service call work order along with the date and time of the phone call. The work order is to be completed with a description of work and services needed along with a cost estimate for repairs. The work orders are to be signed by the Building Maintenance Foreman or his/her designee and the Contractor s Service Technician. A copy is to be given to the Department. 2. If the Contractor is not on site within two (2) hours or at the agreed upon date and time, The Commonwealth reserves the right to begin the assessment of Liquidated Damages in accordance with the Contract Terms and Conditions, Section V.45 CONTRACT-040.1d Liquidated Damages for each day for 10 Commonwealth business days. a. If after the 10 th Commonwealth business day the Contractor does not arrive on site, the Commonwealth reserves the right to declare the Contractor in Default in accordance with the Contract Terms and Conditions, Section V.27 CONTRACT-021.1 Default. Minimum of 3 technicians available, the contractor shall be available for call-out 365 days a year on a 24- hour basis. The Contractor shall provide names and telephone numbers for individuals in his company who may be contacted should an emergency occur. VI. CONTRACTOR LICENSING The Commonwealth of Pennsylvania has no requirements related to the registration, certification or licensure of contractors (or their employees) that are engaged in the construction industry. To comply with federal mandates, however, the Commonwealth does certify contractors and workers that perform asbestos and lead removal services. These certifications are issued by the Certification, Accreditation and Licensing Division at the Department of Labor and Industry. If you have questions about asbestos or lead certification, please visit the Department of Labor and Industry s website at http://www.dli.state.pa.us/. The Contractor is required to contact the municipality where the work will occur to determine if the municipality has established licensure and/or certification requirements. Some of Pennsylvania s 2,565 municipalities have established local licensure or certification requirements for contractors or construction trades people. Typically, these requirements pertain to home improvement contractors, electrical contractors (or electricians), and plumbing contractors (or plumbers). Since the Commonwealth has no jurisdiction in this matter, the Department maintains no records concerning municipalities that have established licensure or certification requirements. Page 4
VII. AUTHORIZATION TO DO WORK It is distinctly understood and agreed under this contract that the contractor shall perform such work and furnish such materials as authorized in writing by the Building Maintenance Foreman or his/her designated representative. VIII. PERMITS This existing structure has a valid Occupancy and Use Permit from the Department of Labor and Industry. When required, the Contractor shall: 1. Be responsible for obtaining all necessary approvals and Permits from the Department of Labor and Industry (L&I), Bureau of Occupational and Industrial Safety as required under the Uniform Construction Code. (http://www.dli.state.pa.us/) a. There are no fees for the Permits as long as the contractor notifies the L&I that this project is for the Commonwealth of Pennsylvania, Department of Transportation and is to be completed on state owned or state leased property. 2. Follow L&I guidelines for Emergency Permit Applications as referenced in the International Building Code (IBC) 2009. 3. Maintain and log, all mail receipts regarding L&I correspondence and submittals, and provide copies to PennDOT upon request. 4. Post all L&I Permits on site, in a weatherproof container for L&I inspectors review. 5. Submit proposed design drawings and develop plans for the existing structure. The Department will provide the awarded Contractor all existing design drawings for this structure if drawings are available. These plans should be accompanied with the proposed alterations associated with this building. a. Contractor shall provide all final plans sealed by a Professional Engineer licensed in the state of Pennsylvania. IX. LIQUIDATED DAMAGES Page 5 In the event of a state or federally declared emergency when the roadway transportation system is closed, liquidated damage timed hours will not begin to be calculated until state or federal emergency declaration is rescinded and the roadway system re-opened. All penalties will be deducted from invoiced cost. The Department reserves the right to pursue repairs from another source during a state or federally declared emergency and also after the initial day of liquidated damages are assessed. If in the best interest of the Department it is decided to have another source make repairs, the service provider will be responsible for the cost difference. 1. The service provider would then be liable for the liquidated damages and the cost difference. All of which would be deducted from the service providers invoice Two instances of failure to respond within the time constraints, unless otherwise permitted in writing from the Building Maintenance Foreman, can constitute a violation of the contract which gives the Department, at its discretion, the right to cancel the contract and retain services from the next lowest bidder and surcharge the low bidding contractor for cost difference.